Contacos-Sawyer and Wright, both with HR Consultants, Inc., of Johnstown, Pennsylvania, suggest the following outline for briefing new supervisors about compliance. They gave their tips at a recent audio conference sponsored by BLR®.

(Go here for Contacos-Sawyer and Wright's tips on discrimination, compensation, the Family and Medical Leave Act (FMLA), and discipline.)

Complaints

Supervisors are often the first line for complaints. Tell them to take all complaints seriously, says Wright. Make sure they know that it's a problem to have information and not act on it. It's better to take all complaints to HR or to the manager.

Furthermore, they need to know they must maintain the confidentiality of personnel actions to the greatest extent possible. However, they cannot promise employees complete confidentiality because they have an obligation to pass information on, and the company may have an obligation to act on it.

Company Policies

Tell supervisors, "You are the eyes and ears of HR for policy compliance." Supervisors must be familiar with policies and procedures and apply them consistently. Remind your supervisors that it's OK to say, "I don't know but I will find out."

Recordkeeping and Documentation

Supervisors must know your requirements for recordkeeping. They should understand why records are kept, learn which team members rely on which records, and be familiar with the consequences of failing to maintain records.

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Common Hurdles to Compliance

Wright and Contacos-Sawyer have observed several key areas where supervisors make their biggest mistakes:

Issues not previously addressed. For example, the new supervisor is taking over a department where it was acceptable to tell inappropriate jokes. The new supervisor has to take charge.

Ethical dilemmas. There are always tricky issues that come up. Wright suggests that you analyze the consequences. Who will be helped, and who will be hurt? Is it a minor issue (someone a few minutes late from lunch) or a major issue (the organization will be harmed)? Analyze the actions that will be necessary, ask if they are ethical, and then make your decision.

Bermuda Triangle. "From what we have seen with our clients, the old Bermuda Triangle of FMLA, the Americans with Disabilities Act (ADA), leave and time off generally is the top area for problems," Wright says. It's very complex and interconnected, and it's usually best for new supervisors to see HR for these situations.

Harassment-related issues. "We're seeing an uptick in the frequency of harassment via technology: e-mail, MySpace, Facebook, texting, and so on," Wright says.

Final Takeaway

The final tip for new supervisors from Contacos-Sawyer and Wright: Whether communicating up or down, before you speak, take 30 seconds to plan what to say.

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